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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No. EB-05-IH-2557
)
Long Pond Baptist Church Acct. No. 200832080064
)
Licensee of Noncommercial Educational FRN 0006119168
Station WTBH(FM), Chiefland, Florida )
Facility ID No. 38349
)
)
ORDER
Adopted: February 21, 2008 Released: February 25, 2008
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (the "Bureau") and Long Pond Baptist
Church ("Long Pond"), licensee of Noncommercial Educational Station
WTBH(FM), Chiefland, Florida. The Consent Decree terminates an
investigation by the Bureau into whether Long Pond violated Section
399B of the Communications Act of 1934, as amended, and Section
73.503(d) of the Commission's rules, in connection with the broadcast
by Long Pond of underwriting acknowledgments over its Station.
1. The Bureau and Long Pond have negotiated the terms of the Consent
Decree, a copy of which is attached hereto and incorporated by
reference.
2. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation. In the
absence of material new evidence relating to this matter, we conclude
that our investigation raises no substantial or material questions of
fact as to whether Long Pond possesses the basic qualifications,
including character qualifications, to be or remain a Commission
licensee.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, and the authority delegated by
Sections 0.111 and 0.311 of the Commission's rules, the attached
Consent Decree IS ADOPTED.
4. IT IS FURTHER ORDERED that the "Complaint" received on or about
December 13, 2005, alleging violation of the Underwriting Laws by Long
Pond, IS DISMISSED.
5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau
IS TERMINATED.
6. IT IS FURTHER ORDERED that Long Pond shall make its voluntary
contribution to the United States Treasury, as specified in the
Consent Decree, by mailing a check or similar instrument payable to
the order of the Federal Communications Commission, to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code).
7. IT IS FURTHER ORDERED that copies of this Order shall be sent by
regular first class mail and certified mail - return receipt
requested, to Long Pond Baptist Church, Station WTBH, P.O. Box 1730,
Chiefland, Florida 32644, and to its counsel, Harry Cole, Esq.,
Fletcher, Heald and Hildreth, P.L.C., 11th Floor, 1300 North 17th
Street, Arlington, Virginia 22209.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
See 47 U.S.C. S: 399b.
See 47 C.F.R. S: 73.503(d).
See 47 U.S.C. S: 154(i).
See 47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 08-446
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Federal Communications Commission DA 08-446